WEST VIRGINIA CODE

WVC 22 - 26 - 4
§22-26-4. Confidentiality.
(a) Information required to be submitted by a person as part
of the water withdrawal survey and registration that may be a trade
secret, contain protected information relating to homeland security
or be subject to another exemption provided by the state freedom of
information act may be deemed confidential. Each such document
shall be identified by that person as confidential information.
The person claiming confidentiality shall provide written
justification to the secretary at the time the information is
submitted stating the reasons for confidentiality and why the
information should not be released or made public. The secretary
has the discretion to approve or deny requests for confidentiality
as prescribed by this section.

(b) In addition to records or documents that may be considered
confidential under article one, chapter twenty-nine-b of this code,
confidential information means records, reports or information, or
a particular portion thereof, that if made public would:

(1) Divulge production or sales figures or methods, processes
or production unique to the submitting person;

(2) Otherwise tend to adversely affect the competitive
position of a person by revealing trade secrets, including
intellectual property rights; or

(3) Present a threat to the safety and security of any water
supply, including information concerning water supply vulnerability
assessments.

(c) Information designated as confidential and the written
justification shall be maintained in a file separate from the
general records related to the person.

(d) Information designated as confidential may be released
when the information is contained in a report in which the identity
of the person has been removed and the confidential information is
aggregated by hydrologic unit or region.

(e) Information designated as confidential may be released to
governmental entities, their employees and agents when compiling
and analyzing survey and registration information and as may be
necessary to develop the legislative report required by this
section or to develop water resources plans. Any governmental
entity or person receiving information designated confidential
shall protect the information as confidential.

(f) Upon receipt of a request for information that has been
designated confidential and prior to making a determination to
grant or deny the request, the secretary shall notify the person
claiming confidentiality of the request and may allow the person an
opportunity to respond to the request in writing within five days.

(g) All requests to inspect or copy documents shall state with
reasonable specificity the documents or type of documents sought to
be inspected or copied. Within ten business days of the receipt of
a request, the secretary shall: (1) Advise the person making the
request in writing of the time and place where the person may
inspect and copy the documents which, if the request addresses information claimed as confidential, may not be sooner than twenty
days following the date of the determination to disclose, unless an
earlier disclosure date is agreed to by the person claiming
confidentiality; or (2) deny the request, stating in writing the
reasons for denial. If the request addresses information claimed
as confidential, then notice of the action taken pursuant to this
subsection shall also be provided to the person asserting the claim
of confidentiality.

(h) Any person adversely affected by a determination regarding
confidential information under this article may appeal the
determination to the appropriate circuit court pursuant to the
provisions of article five, chapter twenty-nine-a of this code.
The filing of a timely notice of appeal shall stay any
determination to disclose confidential information pending a final
decision on appeal. The scope of review is limited to the question
of whether the portion of the records, reports, data or other
information sought to be deemed confidential, inspected or copied
is entitled to be treated as confidential under this section. The
secretary shall afford evidentiary protection in appeals as
necessary to protect the confidentiality of the information at
issue, including the use of in camera proceedings and the sealing
of records when appropriate.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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